# C_2021462EN.01003601.xml

| 15.11.2021 | EN | Official Journal of the European Union | C 462/36 |
| --- | --- | --- | --- |

15.11.2021

EN

Official Journal of the European Union

C 462/36

---

Judgment of the General Court of 22 September 2021 — Healios v EUIPO — Helios Kliniken (Healios)

(Case T-591/19) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark Healios - Earlier EU word mark HELIOS - Likelihood of confusion - Similarity of the signs - Similarity of the goods and services - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article (8(1)(b) of Regulation (EU) 2017/1001) - Genuine use of the earlier mark - Article 42(2) of Regulation No 207/2009 (now Article 47(2) of Regulation 2017/1001))

(2021/C 462/42)

Language of the case: English

Parties

Applicant: Healios KK (Tokyo, Japan) (represented by: P. Venohr, lawyer)

Defendant: European Union Intellectual Property Office (represented by: L. Rampini and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Helios Kliniken GmbH (Berlin, Germany) (represented by: B. Michaelis, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 12 June 2019 (Case R 341/2018-5), relating to opposition proceedings between Helios Kliniken and Healios.

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 12 June 2019 (Case R 341/2018-5) in so far as it concerns the goods and services in Classes 1, 5 and 44 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, and corresponding to the following description for each of those classes:






  — | Class 1: ‘Stem cells for scientific purposes’, ‘Stem cells for research purposes’; |
| --- | --- | --- |

1.

Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 12 June 2019 (Case R 341/2018-5) in so far as it concerns the goods and services in Classes 1, 5 and 44 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, and corresponding to the following description for each of those classes:

—

Class 1: ‘Stem cells for scientific purposes’, ‘Stem cells for research purposes’;

| — | Class 5: ‘Veterinary preparations’, ‘Stem cells for medical purposes; Cellular function activating agents for medical purposes; Stem cells for veterinary purposes’, ‘Surgical implants grown from stem cells’; |
| --- | --- |

—

Class 5: ‘Veterinary preparations’, ‘Stem cells for medical purposes; Cellular function activating agents for medical purposes; Stem cells for veterinary purposes’, ‘Surgical implants grown from stem cells’;

| — | Class 44: ‘Medical services relating to the removal, treatment and processing of stem cells; Medical services relating to the removal, treatment and processing of human blood, umbilical cord blood, human cells, stem cells and bone marrow’; |
| --- | --- |

—

Class 44: ‘Medical services relating to the removal, treatment and processing of stem cells; Medical services relating to the removal, treatment and processing of human blood, umbilical cord blood, human cells, stem cells and bone marrow’;

| 2. | Dismisses the action as to the remainder; |
| --- | --- |

2.

Dismisses the action as to the remainder;

| 3. | Orders each party to bear its own costs. |
| --- | --- |

3.

Orders each party to bear its own costs.

---

(1)  OJ C 363, 28.10.2019.

---